The Federal Court’s recent decision in Theresa Radha Deochan v. The Minister of Citizenship and Immigration sheds light on the complexities of refugee protection and its cessation under Canadian law. This case, which revolves around the applicant’s repeated trips to her country of origin, emphasizes the critical importance of adhering […]
If you’ve received a negative decision from the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada, it can be a disheartening experience. However, the Canadian legal system offers avenues for review and appeal. Here’s an overview of how each body assesses decisions, from the Refugee Appeal […]
Immigration judicial reviews are a vital legal mechanism for individuals seeking to challenge decisions made by immigration authorities in Canada. These reviews ensure that administrative decisions are made fairly, in accordance with the law, and with proper reasoning. Over the years, trends in immigration judicial reviews have highlighted shifts in […]
In Canadian administrative law, the concept of reasonableness is a cornerstone of judicial review. It sets the standard by which courts evaluate decisions made by administrative bodies, ensuring they are justifiable, transparent, and intelligible without replacing the decision-maker’s authority. What is Reasonableness? Reasonableness is a deferential standard of review applied […]
Background and Initial Refusal Arvin Amini applied for a study permit to pursue a Bachelor of Business Administration in Project Management at Yorkville University in British Columbia. The visa officer refused the application, citing concerns about his intention to leave Canada after his studies, as required by immigration regulations. Specifically, […]
The Federal Court of Canada plays a pivotal role in adjudicating legal disputes, including immigration matters, administrative decisions, and other judicial reviews. However, like many judicial systems around the world, the Federal Court observes a seasonal recess, which significantly impacts the timelines for ongoing cases and judicial reviews. Understanding the […]
Explore the crucial federal court deadlines for visa review cases, focusing on applications for leave and the judicial review process.
Explore the judicial review process for refugee refusals, key factors affecting outcomes, and the federal court’s role in safeguarding claimants’ rights.
The Federal Court of Canada’s Study Permit Pilot Project for Judicial Review is an initiative designed to address the growing volume of study permit refusals and the delays associated with challenging them through traditional judicial review processes. This program aims to make the process faster, more accessible, and less adversarial […]
Discover the importance of procedural fairness in the Federal Court’s judicial review, examining key principles of administrative law and real-life examples in immigration procedures. Keywords: procedural fairness, federal court, administrative law, right to be heard, duty of impartiality.